Teachers could be forced to promote same-sex marriage in classrooms if gay
weddings are legalised, one of Britain’s most senior human rights lawyers
has warned.

Parents will be powerless to prevent their children being taught about gay marriage at school if ministers press ahead with plans to legalise the move, it has been claimed.

Aidan O’Neill QC has provided the Catholic Church with a legal opinion stating that equality laws mean teachers will be forced to emphasise the validity of same-sex marriages.

Mothers and fathers with “traditional and often religiously-based views” will be “hard pressed” to insist that their offspring are educated in line with their convictions, he said.

The Catholic Church in Scotland, which commissioned the opinion, said it raised the prospect of classrooms being “flooded” with teaching materials promoting gay marriage.

Although the opinion considers the position in Scotland, where Alex Salmond’s administration is expected to legalise same-sex marriage, it is thought it could apply south of the Border where David Cameron is planning to do the same.

Mr O’Neill said legalising gay marriage is not required under the European Convention of Human Rights but case law makes it “clear” that parents who believe in “committed and faithful heterosexual sex” will have no recourse if this is done.

He concluded they “will be hard-pressed to rely upon their Convention rights as parents to ensure education and teaching by the state of their children in conformity with their own religious and philosophical convictions.”

The QC from London’s Matrix Chambers said it will be equally problematic for parents to “insist that their children be excused from attendance at any sex education classes in which this new vision of marriage is taught and promoted”.

While Catholic schools can currently opt out of teaching about homosexuality, the legal advice indicates they cannot promote their view of marriage if this is redefined to include same-sex couples.

Under Scots law, Mr O’Neill said it is illegal to teach pupils in a manner which discriminates on the basis of sexual orientation.

Councils and Scottish ministers also have a legal duty to “tackle prejudice and promote understanding in relation to matters of different sexual orientation.”

Cardinal Keith O’Brien, the leader of Scotland’s Catholics, said the opinion showed reassurances from ministers that teachers will not be forced to include gay marriage in their lessons are “utterly hollow”.

“It is clear that Scotland's schools will be banned from promoting a traditional understanding of marriage if same sex marriage becomes law,” he said.

“I would urge the Scottish government not to make promises they cannot fulfil or offer protection it is not in their power to provide.”

The SNP administration in Edinburgh has also tried to quell opposition gay marriage by arguing that religious celebrants will not be forced to conduct ceremonies against their will.

However, religious groups have also warned that this could be challenged in the courts by gay couples insisting they have a legal right to a wedding.

More than 60,000 people have responded to a consultation on legalising gay marriage in Scotland, more than three times the number who gave a view on Alex Salmond’s plans for independence.

A Scottish Executive spokesman said ministers will listen to all views and no final decision had been reached.